• androidisking@lemmy.world
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    1 year ago

    Nintendo is one of the worst companies that always want to set an “example” about the DMCA. They don’t realize they are fighting a battle they cannot win. Emulators are perfectly legal as long as the emulators don’t contain any code that was in ownership from them.

    That being said, I’m betting some of those forks were following the DMCA but Nintendo still shut them down. This is where copyright needs to be reevaluated.

    I’m honestly not surprised they haven’t gone after dolphin emulator since those devs contain the encryption keys to play the iso files.

    • Contramuffin@lemmy.world
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      1 year ago

      So, I agree with your general points, but I think part of the reason Nintendo is so harsh towards Yuzu is because, as far as I’m aware, Yuzu does actually contain proprietary code from Nintendo.

      My understanding is that the Yuzu team used a Switch development kit instead of reverse engineering the Switch as they had claimed, so the entire code is essentially tainted because it’s unclear which parts came from the development kit and which parts came from true reverse engineering

    • Icalasari@fedia.io
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      1 year ago

      Part of the problem is they apply Japanese copyright law to an international level. Wouod be cool if they hit the wrong target, got sued for trying to apply their laws to the world stage, and got matched each time they appealed until their war chest got drained dry

      • catloaf@lemm.ee
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        1 year ago

        The DMCA is a US law, so I don’t see how you can say they’re using Japanese law.

        • Queen HawlSera@lemm.ee
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          1 year ago

          In Japan, there is no concept of “Fair Use”, it’s why they don’t have a modding scene and why Japanese devs actively fight against people trying to mod their games. Nintendo uses DMCA on things that are clearly fair use (Parodies like SML, Nintendo themed mods on Garry’s Mod), and people cave solely because they can’t afford to go to court.

          It’s also literally a criminal offense in Japan to modify Pokemon data because tournaments in that scene are taken that seriously.

          Or to be blunt, Nintendo abuses DMCA (an American Legal system) by applying it to things that would only be illegal in Japan, but are perfectly legal in America as it’s outside of Japan, and since the courts only care about who has more money, no one’s pointed this out as they’d have to do so in court in front of Nintendo’s army of lawyers.

  • Blackmist@feddit.uk
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    1 year ago

    Why are people continuing to host those on GitHub. MS had shown itself willing to take down anything at the drop of a hat.

    If it’s on GitHub, it’s not yours.

  • Mubelotix@jlai.lu
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    1 year ago

    We need forge federation. Nintendo would never be able to delete forks on thousands of different servers

      • Cethin@lemmy.zip
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        1 year ago

        As another comment says, git is just the version control software. You mean a decentralized hub for sharing git repos I assume. Git hub/lab/whatever are just websites that share a link fundamentally. They also all store the data for your repo, but there’s no reason that would need to be stored in the same place as the hub to find repos.

  • Metz@lemmy.world
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    1 year ago

    Did not get a e-mail but my fork is gone. That can’t be legal can it? I’m in the EU.

    • dinckel@lemmy.world
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      1 year ago

      It doesn’t matter where you are. The company is based in the US, so they’re required to follow local law

      • Metz@lemmy.world
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        1 year ago

        Yeah i tend to forget that github is in the US and their allmighty DMCA can be used to take down anything. i just have a hard time believing this shit would fly in the EU.

        • kernelle@lemmy.world
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          1 year ago

          It would, it has, next step after DMCA even in the EU is legal action, which nintendo already fought in court. I don’t know about you but I’m not ready to defend someone else’s code in court.

          • john89Banned
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            1 year ago

            I don’t know about you but I’m not ready to defend someone else’s code in court.

            Errr… will you ever have to? Lol.

            • kernelle@lemmy.world
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              1 year ago

              Comment OP is forking Yuzu code, we’re talking about how this is fair or unfair. When you fork DMCA’d code you open yourself up to litigation and having to defend someone else’s code in court.

              I won’t, OP might. Did you actually not read the context before replying? Lol.

          • JohnEdwa@sopuli.xyz
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            1 year ago

            Emulation isn’t illegal, reversing encryption isn’t illegal, software patents aren’t valid in some countries.

            That’s for example why the US can’t do anything about VLC “breaking” DVD encryption, as they are based in France and aren’t doing anything wrong.

          • john89Banned
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            1 year ago

            Europeans actually care about their consumers.

            Americans just view them as fat paypigs who are too stupid to fight for their own interests.

      • Natanael@slrpnk.net
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        1 year ago

        With DMCA get uploader is supposed to get notified and get a chance to file a counter claim

  • john89Banned
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    1 year ago

    Glad the version of Yuzu I have downloaded is apparently a really good, performant, and stable one.

    Bless these devs. They did god’s work.

  • 5PACEBAR@lemmy.world
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    1 year ago

    I was one of them. Got the email from GitHub yesterday around noon. Took them long enough